Transcript-of-Foreclosure-Trial-Ticktin - Stopa Law Firm

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1012345678910111213And there are also some other issues there,particularly regarding standing at the time thelawsuit was filed. But, there are other issuesthat when these cases are litigated because -- Iwouldn't say the face of the matter, but these atfirst appear to be very simple cases as Your Honorindicated. But, when you start to further digdeeper into what actually transpired and what didnot transpire, particularly regarding whether thecalculations on the Truth in Lending were doneappropriately, were there any technical violationsor violations of statutes there that would beindicative of unclean hands.14THE COURT:Why do I need an expert for that?15MR. BLEIL: Well, Judge --16THE COURT:Why isn't that just legal1718192021argument that every lawyer argues on SummaryJudgments, motions to -- why is that the subject ofexpert testimony? Am I going to have an experttell me that a law has been violated? Is that whatyou're suggesting?22MR. BLEIL:No, what an expert -- I don't23mind if Your Honor inquires to the herself.24THE COURT:I don't want to inquire because I25first have to do the determination --Alternative Court Reporting, LLC 954.832.3563
1112345MR. BLEIL:THE COURT:let her testify.MR. BLEIL:THE COURT:Sure.-- whether or not I'm going toSure, Your Honor.That's a preliminary issue.6MR. BLEIL: Right, and it is --789THE COURT:MR. BLEIL:THE COURT:It has to be -- stop talking.I hear you.Well, I hear you too, that's the10111213141516171819problem. Now, just give me a moment and you canrespond. Before experts testify, and I've been ajudge 19 years; in about a week and a half, it willbe 19 years. I have been a trial lawyer for 42before -- altogether. Before, if somebody -- ifthe Court considers somebody not competent totestify as an expert it's a preliminary matter.That's why I want to know before I start going downthis road. What is it that this expert is goingtestify about?20MR. BLEIL:Sure thing, Judge. The expert is2122232425going to test -- the expert is going to testifyabout the process of the origination of thisparticular loan and the defects in the origination.The expert is also going to opine as set forthin the report that I've provided to you, where theAlternative Court Reporting, LLC 954.832.3563
Page 1 and 2: 1123456789IN THE CIRCUIT COURT OF T
Page 3 and 4: 3123456INDEX OF PROCEEDINGSVOLUME I
Page 5 and 6: 51expert we're talking about.2MR. B
Page 7 and 8: 71the Plaintiff and Defendant, I me
Page 9: 912have an extra copy of the expert
Page 13 and 14: 131MR. BLEIL: Yes --2THE COURT:-- h
Page 15 and 16: 151234court of equity happens. The
Page 17 and 18: 1712345document comporting a transf
Page 19 and 20: 1912Mr. Ayala; is that correct?MS.
Page 21: 211--2THE COURT:It's a question for
Page 24 and 25: 2412345678910111213not limited to t
Page 26 and 27: 261234567891011121314loan in questi
Page 28 and 29: 281identification.)2MR. BLEIL:Among
Page 30 and 31: 3012with my witness?MR. BLEIL:Well,
Page 32 and 33: 32123456789101112131415show me the
Page 34 and 35: 3412345CYNTHIA STEVENS,called as a
Page 36 and 37: 36123456789101112131415161718192021
Page 38 and 39: 3812Honor, I'm using a copy because
Page 40 and 41: 401THE COURT:Yes.2MS. WEINZETL:Than
Page 42 and 43: 421the foundation and hearsay.2THE
Page 44 and 45: 4412testimony as foundation and hea
Page 46 and 47: 4612platform, in our imaging system
Page 48 and 49: 48123456document whether it's ever
Page 50 and 51: 5012January 14th, 2008. The complai
Page 52 and 53: 52123giving every objection? Or wou
Page 54 and 55: 541MR. BLEIL:Thanks, Judge.2345MS.
Page 56 and 57: 5612calls for speculation.THE COURT
Page 58 and 59: 581234Q. Do you know whether that l
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601234567worked for have always sen
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6212345MS. WEINZETL:I'll make it wo
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64123456789101112A. Yes.Q. Do you k
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6612345issues. Evidence is one of m
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681234567MS. WEINZETL: Yes, it's th
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701THE COURT:You can make a copy of
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721THE COURT:Okay, and when was --
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1$$216,000 [3] - 14:20,14:21, 67:11
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321:7, 21:10, 21:15,21:19, 21:23, 2
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5itself [1] - 71:12JJanis [1] - 29:
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7Pooling [9] - 12:9,12:11, 17:22, 1
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924:13, 29:13, 29:17,33:12, 38:25,
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